State v. Hunter

While I agree with the majority that this case should be reversed based upon our holding in Metcalf, I write separately to note that the current case is not the typical Metcalf scenario. In Metcalf, we held that the use of crack cocaine illegally manufactured by the government would not require the dismissal of a charge of solicitation to purchase co-*533eaine, as distinguished from a charge of purchase of cocaine. See Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), rev. denied, 599 So.2d 1280 (Fla.1992).

The charge here is solicitation, and the trial court dismissed on the authority of Kelly, a…